Gay marriage and immigration
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The U.S. citizen K-1 petitioner was required to prove that the marriage to the foreign fiancé would take place in a state where marriage was legal. It’s less important to get into the emotional details of your relationship with your ex-spouse; the most important thing is to establish that you were not married solely for immigration purposes.
U.S.
Brudner Law’s resources page provides insights into navigating green card denials and more.
How Brudner Law Can Help
Applying for a marriage-based green card can be challenging, and LGBTQ+ couples often face additional barriers that require experienced legal support.
Brudner Law offers:
- Full legal support for same-sex marriage green card applications
- Guidance on overcoming international legal barriers
- Representation in cases involving waivers or asylum claims
For assistance, contact Brudner Law or call 714-794-9366 to discuss your case.
Navigating the Path to Permanent Residency Together
LGBTQ+ couples have the same rights as any other couple in the U.S.
immigration system, but that doesn’t mean the process is always straightforward. This might include joint bank account statements, documents showing you and your spouse as the beneficiaries of each other’s life insurance policies (which need not be employer-provided), or joint credit card statements.
Thank you!
As with any interview questions, it’s a good idea to prepare ahead of time, and it’s essential to answer honestly.
This issue becomes more complicated if you or your gay spouse previously filed a green card application (specifically, the I-130 petition) based on a prior heterosexual marriage. That means that you must get married in a country that recognizes same-sex marriages (or you can get married anywhere in the United States).
These might include a joint utility bill, copies of your driver’s licenses or ID cards showing the same address, or any other official documents that show both of you living at the same place.
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The important thing is to provide proof that you live together and that you have joint financial assets and responsibilities.
Prior heterosexual marriages
One common concern for same-sex couples arises if one or both of the partners has had a heterosexual marriage in the past.
Useful documentation includes:
- Marriage certificate and proof of joint financial assets
- Affidavits from friends and family attesting to the legitimacy of the relationship
- Shared bills, leases, and tax returns
- Photos of life together (weddings, holidays, daily routines)
- Communication records and travel history
If a couple lacks traditional financial documentation, personal affidavits and detailed relationship history statements can provide additional context.
What Happens If the Green Card Is Denied?
Denials can happen, but they don’t mean the process is over.
You and your partner must be married, not just joined in a civil union, to be eligible for a gay marriage green card.
Does it matter where we were married in the United States?
No. Knowing the steps involved, potential hurdles, and how to strengthen an application is essential to ensuring a successful outcome.
Can Same-Sex Couples Apply for a Marriage-Based Green Card?
Yes.
If you would like help with an appeal, please note that the process is very time sensitive. If you are concerned that you will be unable to pay for our services, you can raise those concerns during your initial consultation.
Contact Information
Email lgbtimmigrants @ immigrantjustice.org for general information.
citizen or lawful permanent resident (LPR).
For official government eligibility criteria, refer to USCIS Form I-130 (Petition for Alien Relative), which establishes the marital relationship for immigration purposes.
The Green Card Application Process for Same-Sex Couples
Applying for a marriage-based green card follows the same steps for all couples:
1.
This might include joint bank account statements, documents showing you and your spouse as the beneficiaries of each other’s life insurance policies (which need not be employer-provided), or joint credit card statements.
Boundless Tip
If your spouse isn’t mentioned in any of your employment-related documents, you can submit other documents that show that you have joint financial resources.
Something went wrong while submitting the form.
Thank you! As a result, an attorney was often necessary. Once in the U.S., the foreign national can adjust status to become a permanent resident.
Prior to the Obergefell ruling, there was an additional burden on same-sex couples. Your submission has been received!
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These could be questions about the names of your spouse’s siblings or what you did as a family for your mother-in-law’s most recent birthday.
If your spouse’s family does not accept your marriage, these questions can be challenging.
As with any other issue, the best approach is always honesty. USCIS requires clear proof that the marriage is genuine, which may include:
- Joint bank accounts, insurance policies, and tax returns
- Letters from family and friends confirming the legitimacy of the relationship
- Photos from family events, vacations, and shared experiences
- Travel records showing time spent together
Legal Barriers in Other Countries
Many countries still criminalize LGBTQ+ relationships or do not recognize same-sex marriage, making it harder for couples to obtain necessary documentation.
Learn more.
Conclusion
All marriages are equal under U.S. law
It’s the law of the land that same-sex marriages be treated the same as heterosexual marriages throughout the immigration system.
That said, as with anything related to immigration, the best practice is to honestly and clearly explain any potentially confusing situations.
Hodges), many gay and lesbian couples entered into civil unions that provided some of the same benefits as marriage. While you should expect questions about your opposite-sex marriage at your green card interview, having a previous heterosexual marriage will not automatically raise red flags. However, there are a few potential challenges that are more common among same-sex couples than among heterosexual couples.
No relationship with in-laws
Photos of you, your spouse, and your respective families are a good way to prove your relationship is authentic as part of your initial filing package (I-130 petition).